Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the detailed report provided by the Government.

1. The Committee takes due notice of the Government's statements that application of the principle of the Convention is ensured in article 19 of the Constitution and sections 2, 194, 214-215, 289-290 of the Labour Code. The Government also cites Decree No. 383 and Acts Nos. 19.250 and 19.518. The Committee points out that the legislation cited does not specifically address the principle of equality of opportunity and treatment for men and women workers with family responsibilities. The Committee recalls that national policies adopted pursuant to Article 3 of the Convention should aim at eliminating any distinction, exclusion or preference made on the basis of family responsibilities, which has the effect of nullifying or impairing equality of opportunity and treatment for men and women workers in employment and occupation (see General Survey on workers with family responsibilities, ILO, 1993, paragraph 54). The Committee notes that implementation of the Convention should be viewed in a broad perspective and measures taken may include the promotion and establishment of conditions conducive to combining employment and parenthood, such as providing for reduced work hours, flexible work schedules, facilities for nursing and child care, the adoption of "family friendly" employment policies and conducting research on the changing roles of women and men in the family and the workplace in order to determine the best practices to be adopted in response to the greater participation of working parents in the labour force (see General Survey, paragraphs 62-75). In this regard, the Government is asked to indicate the specific initiatives taken or contemplated to promote the application in practice of Article 3 of the Convention.

2. The Government's report reflects that Chilean legislation prohibits employers from terminating workers due to their marital status. Further, sections 174 and 201 of the Labour Code protect women workers from termination during pregnancy and for one year following the expiration of the maternity leave period in that the employer cannot terminate the worker without seeking and obtaining prior authorization from the labour tribunal, which may only grant said authorization under certain circumstances contemplated in sections 159 and 160 of the Labour Code. The Committee has previously noted, however, that while section 195 grants working fathers maternity benefits in the event of the death of the mother, it expressly provides that fathers do not enjoy the same protection from dismissal as that afforded to mothers. Further, section 195 expressly states that the rights afforded to mothers under that provision may not be waived. The Committee recalls that one of the primary objectives of the Convention is to create equality of opportunity and treatment between workers with family responsibilities and those who have no such responsibilities; the other is to create equality of opportunity and treatment in working life between men and women workers with family responsibilities. This goal cannot be fully achieved without broader social changes, including a more equitable sharing of family responsibilities, implying the promotion of greater involvement of fathers in family life (see General Survey, paragraph 25). The Committee therefore recommends that working fathers be granted the same opportunities for family involvement as working mothers. To that end, the Committee recommends that section 195 of the Code be modified so that, where necessary, due to the death or incapacity of the mother during the relevant period, fathers may enjoy the same protection from dismissal as that accorded to the mother. The Committee further notes that there is no protection from dismissal for either men or women workers with family responsibilities who are aced with the circumstances contemplated in sections 199 and 200 of the Labour Code. The Committee urges the Government to consider modifying these sections of the Code to grant working parents, whether natural or adoptive, protection from termination due to family responsibilities, in accordance with Article 8 of the Convention.

3. The Government states that it does not have access to statistical information on the number of establishments with over 20 women workers in the country in relation to the number of working mothers. The Committee nevertheless requests the Government to supply information on the manner in which it is taking into account the needs of workers with family responsibilities under Articles 4 and 5 of the Convention and any research, including statistical studies undertaken or contemplated in order to determine the nature and extent of those needs.

4. The Government indicates that it is not aware of the problems encountered by workers with family responsibilities and, further, that it is unaware of any informational or educational campaigns intended specifically for women, or for men and women workers with family responsibilities, under the National Plan for Women. The Government is requested to supply detailed information on the activities it has undertaken or contemplates undertaking under Article 6 of the Convention.

5. The Committee notes the information in the Government's report indicating that men and women workers with family responsibilities have the same access as other workers to vocational guidance and training. The Committee nevertheless recalls that the Convention not only envisions the absence of discrimination, but the adoption of measures designed to place men and women workers with family responsibilities on an equal footing with other workers in the areas of training and employment. Such measures may include flexibility in the design, delivery and location of training courses in order to accommodate the restrictions faced by workers with family responsibilities, distance learning, services provided by vocational guidance counsellors that are suitably trained to meet the special needs of workers with family responsibilities, and the provision of adequate child care and other family services (see General Survey, paragraphs 96-117). The Government is requested to provide information in detail, in its next report, on the specific measures it has taken or contemplates taking to promote the application of Article 7 of the Convention.

6. The Committee thanks the Government for the information provided on jurisprudence relevant to the application of Article 8 of the Convention. The Committee would be grateful if the Government would continue to supply information, including copies of legislation, administrative and judicial decisions relevant to the principles of the Convention.

7. The Committee notes the Government's clarification regarding the application of Act No. 19.250, extending to male personnel in the armed forces the protection afforded to working mothers under sections 195 and 199 of the Labour Code. In this context, however, the Committee repeats the same concerns voiced in its point 2, above.

8. The Committee thanks the Government for the detailed information provided and expresses its hope that the Government will continue to supply relevant information regarding the application of Article 11 of the Convention.